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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101437
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Can a wife be removed from her husbands will, completely, as

Customer Question

can a wife be removed from her husbands will, completely, as a beneficary. I started to speak with ulysses10l yesterday, he asked if his wife was the boy mother (yes), she is not aware he is trying to make these changes, and yes they still live together (under the same roof)
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

The bot***** *****ne is that anyone can leave anyone else out of a Will. There is no way to prevent that.

But if the spouse's are married then if the husband dies first the wife can elect to take under the Will or under the Family Law Act and that means that she would be entitled to exactly what she would be entitled to if they divorced rather than the husband dying.

So he can leave her out of the Will but she will still be entitled to one half of the family assets and she could easily make a successful claim to the estate.

Does that help?